Articles

COA modifies punitive damages award

The statutory cap on punitive damages should be based on the amount of compensatory damages awarded in the action in which the party seeks punitive damages, the Indiana Court of Appeals held, and not based on the total compensatory damages awarded in the action on all claims.

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Lawsuit takes on Indiana’s right-to-farm laws

The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.

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Clark County drug court wrongly jailed 63, order says

A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.

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Company’s recordings not considered ‘publication’

An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.

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Court: Policy required notice to title insurance company

A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.

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Attorney fees award was reasonable, COA rules

After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.

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Lawsuit: IMPD officers fatally shot unarmed man

The family of an Indianapolis man fatally shot by police sued the city and numerous other defendants Thursday in a civil rights lawsuit claiming he was unarmed, unjustifiably shot in the back, and the victim of a police cover-up.

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COA resurrects lawsuit against Ford Motor Co.

Although an expert did run additional tests after the discovery deadline, the Indiana Court of Appeals found the wholesale exclusion of his testimony was too severe and is allowing a lawsuit against Ford Motor Co. to continue.

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